Restoration in Civil Suit

[Amandeep Singh]

Stages of my case below:

1. Plaintiff put Suit for Recovery on me.

2. Court put cost of ₹ 500/- for non evidence of plaintiff.

3. Court put case dismiss in default for not providing evidence and non appearing of plaintiff counsel.

4. Plaintiff through Special Power of Attorney put restoration application by citing reason wrong noted date by his advocate. His advocate also filed his affidavit alongwith SPA restoration application.

5. In reply to restoration application, I wrote 6 points: (i) That SPA has not authority to file restoration application. (ii) That there is no resolution of company to empower Director of the company to appoint SPA for the purpose of filing restoration application. (iii) That plaintiff got 3 effective chances from the court whereas despite of availing 5 opportunities for evidence, plaintiff is trying to delay the case. (iv) If plaintiff heared wrong date, did he made efforts for the service of witness on the date he heard wrong. (v) Plaintiff did place on record any evidence to to claim of noting or hearing wrong date. (vi) That the present application is barred by the limitation of law because plaintiff put restoration application after the completion of 30 days from date of dismissal and not from the date of knowledge.

6. We have given many authorities of High Court regarding limitation & many authorities of Supreme Court regarding evidence of noting down the wrong date.

7. Today plaintiff advocate gave authority that case can be restored if he has given his affidavit in support with SPA restoration application.

8. My question is whether this restoration application would be allowed or dismissed?

Thanks & regards,

Amandeep Singh

M: 9888080188

AI Summary

Restoration Application in Civil Suit Faces Dismissal: Issues with SPA Authority, Time Bar, and Advocate's Affidavit A civil suit for recovery was dismissed due to the plaintiff's failure to provide evidence and appear in court. The plaintiff, through a Special Power of Attorney (SPA), filed a restoration application citing a wrong date noted by their advocate, supported by an affidavit. The defendant, seeking dismissal of the restoration application, raised objections including the SPA's lack of authority, absence of company resolution empowering the SPA, and the application being time-barred. The defendant questioned the validity of an advocate's affidavit as grounds for restoration and sought legal precedents supporting their objections. The discussion involves whether the restoration application will be allowed or dismissed.